JANA AKROSH RALLY PROTESTING AGAINST THE INDIFFERENCE ATTITUDE OF THE STATE GOVERNMENT…

Demanding CBI Inquiry into the Pipili mass rape case, Speedy trial of all other rape and murder cases and women atrocities cases, adequate compensation to the victims, removal of police, doctors and other administrative officials from the government job, investigation though a sitting judge of High Court and action under various provisions of SC & ST atrocities Act; thousands of men and women took out a rally on 21ST January 22, 2012, Saturday in Bhubaneswar to submit a memorandum to the President of India.

Before submitting the memorandum a huge rally marched from Master Canteen Square to PMG Square to protest against the injustice done to victim of Pipili mass rape case and her family and so against the indifference of the state government on number of such cases thereafter.

Speaking at the rally, leaders of various political streams criticized the indifference attitude of the state government, which has brought more troubles for the victims and their families. The meeting was moderated by Manas Jena.

A delegation consisting of Sudarshan Chhotray, Hairsh Mahapatra, Sasmita Behera, Jayanta Bhoi, Wing Commander Gorachand Barik, Simancha Nayak, Prasanta Mallik, Theofil Gamango,Saroj Kumar Prusti, and Praduyumna Nayak met and discussed with Surendra Prasad Mishra special secretary to Governor and had submitted the Memorandum addressed to the PRESIDENT OF INDIA submitted through the Governor of Odisha. The delegation had demanded CBI Inquiry of Pipili case and had also asked the Governor to take necessary action.

We, the undersigned representatives of various political parties, mass organizations, Human Rights Activists of Odisha draw your kind attention to the inhuman, brutal atrocity perpetrated on a Scheduled Caste girl of 17 years under Pipili police station of Puri district in the state of Odisha and similar nature of atrocity cases on ordinary poor people, women, Scheduled Castes, Scheduled Tribes, Minorities and backward communities in the state for your urgent intervention. During the last 12 years of BJD-BJP/BJD Rule, about 12,000 (twelve thousand) rape cases and ten thousand of atrocity cases against SC and ST communities have been registered in the state. Final trial and delivery of judgment are taking unduly long time.

Through this memorandum we bring before your Excellency the criminal negligence of the Government, & Specifically the state law enforcement agencies, Home Department, Health and Family Welfare Department, SC & ST Development Department and Women & Child Development Department in discharging their duty to ensure security, and justice to the citizens of the country as guaranteed in the Constitution of India.

Brief details of the instant case are as follows:

Ms Babina Behera, aged 17 years, daughter of Mr. Babuli Behera and Ms. Kamala Behera, belongs to Village–Arjungada, under Pipili police station in Puri district of Odisha. She hails from the Scheduled Caste community and her sub-caste is Bauri, which is one of the most socially and economically weaker sections of the community in the state. In January, 2008, Ms. Babina Behera and her friend Ms.Pravati Behera, belonging to the OBC community, daughter of Mr. Ramesh Behera of the same village were accosted and molested by some of the present accused. The F.I.R of Ms.Babina Behera was not accepted by the local police station but the F.I.R of Ms. Pravati Behera was registered and the case of Ms. Pravati Behera is under trial in court, after intervention by the state human rights Commission. Unfortunately Ms. Pravati Behera died later under suspicious circumstances. Since then, the perpetrators are continuously harassing Ms. Babina Behera as she was the only eye witness to the incident. Ms. Babina Behera, who was a student, was virtually circumvented from attending school and her family members too have been coerced in as many ways. The perpetrators belong to the local dominant community backed by the ruling party leaders in the locality.

All of a sudden, the entire issue took a different turn on 29th November, 2011. In the early morning hours, around 7.30, Ms. Babina Behera was found lying naked in grievously wounded and unconscious state in a field nearby her house. She was brutally raped and strangulated. Ms. Babina Behera’s father lodged F.I.R in the local police station on the same day but his F.I.R was not accepted by the local police; rather, the police personnel misbehaved and abused the grief-stricken victim’s father.

The victim’s family members rushed her to the local Pipili P.H.C (Primary Health Centre) and then referred to Capital Hospital, Bhubaneswar in a span of hardly 20 minutes and afterwards she was sent to the SCB Medical College and Hospital, Cuttack. Over there, she was callously neglected and forcibly discharged in the same comatose state on 14th December 2011. Back to square one, she was physically taken to the office of the State Commission for Women on 8th January, 2012. But most unfortunately, the Chairperson of State Commission for Women refused to attend to her taking the plea of the day being a Sunday. In utter desperation, she was taken to the State Human Rights Commission on 9th January, 2012. Mercifully, the State Human Rights Commission and the Honorable High Court, Cuttack intervened in the matter on 10th January, 2012. As a result, Ms. Babina Behera managed to get readmitted to the Central ICU of SCB Medical College & Hospital for treatment. Incidentally, the F.I.R was registered on 9th January, 2012 at Pipili Police station P.S Case no-10/2012 under Section- 341, 307,376, 506, 34 IPC and 3 SC& ST(PoA)Act-1989. Even after this, the state Government has not shown any sincere response that the case deserves.

The helpless victim, a Scheduled Caste girl has been most pathetically harassed and shabbily treated by the public institutions, police station, hospitals and all these happening due to governance system degeneration during the tenure of the present Government. It is a matter of national shame as to how the whole family members are being pressurized and harassed beyond the point of endurance by dominant caste predators in connivance with the local ruling party leaders for the last three years. Though, the case attracts the provisions of SC and ST (POA) Act 1989 and Rules 1995 but no initiative has been taken by the Government, especially SC and ST Development Department and other allied departments in this regard.

It is matter of fact that thousands of rape cases of women have been registered in different police stations and an equal number of incidents have been reported in media which are neither being investigated nor registered for a number of reasons. The White Paper of Home Department, Govt. of Odisha has reported about fifteen hundred cases of atrocities committed on Scheduled Caste and Scheduled Tribes communities each year and the number has been increasing in an alarming rate. Innumerable no of incidents are taking place in rural Odisha and not getting registered due to the pressure of ruling party leaders. It is unfortunate that even through the police administration and the Home Department are directly under the Chief Minister since last 12 years, law and order situation and atrocities against women SCs, STs and other weaker sections are worsening year after year.

Contextually, we appeal to your Excellency to direct the State government and Central Government:

1-To conduct CBI inquiry in the case of Ms. Babina Behera.

2-To pay compensation to the victim and her family members much beyond the provision of the Act in view of the most inhuman and unprecedented nature of the case.

3. To ensure that Ms. Babina gets the best of the treatment, she survives and leads a normal life.

4-To inflict punishment on all those perpetrators, police, physicians and others directly or indirectly related to the cases for their criminal negligence in dealing with the matter without care, sympathy and blatantly violating all protective laws for the Scheduled Castes and women.

5-To ensure that investigation and trial of the Ms. Babina Behera case is completed within two months of time through Special Trial Court and the guilty are punished.

6. To appoint a sitting High Court Judge as Head of Judiciary Commission and to conduct extensive enquiry into rape and atrocity cases(Registered and not Registered) during the last 12 years by inviting the victims to file their complaint. The Commission should submit its recommendations within 1 year.

7-To appoint required number of special judges for speedy disposal of all such cases of atrocities committed against Women, Scheduled Castes, Scheduled Tribes and Minority communities in the state.

We pray before your Excellency to consider this matter as most urgent and take appropriate action. This will instill faith among the ordinary people, especially the weaker sections of our society on the provisions of our protective laws mandated by the Constitution. Further, this will protect them from the oppressive dominant socio-economic system. With honour and trust on the highest office of our country, we are herewith submitting this memorandum through the Honorable Governor of Odisha. We further request you to give us an appointment at your earliest convenience to personally apprise you on matters of atrocities against women, and members of the Scheduled Castes and Scheduled Tribes in the state of Odisha.